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North Carolina House Bill H37

North Carolina 2025-2026 Regular Session

North Carolina House Bill H37 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 37
3+H D
4+HOUSE BILL DRH40038-MRp-20
5+
56
67
78 Short Title: Enhance Firefighter Benefits & Representation. (Public)
8-Sponsors: Representatives Howard, N. Jackson, Huneycutt, and Scott (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Rules, Calendar, and Operations of the House
11-February 4, 2025
12-*H37-v-1*
9+Sponsors: Representative Howard.
10+Referred to:
11+
12+*DRH40038 -MRp-20*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT TO ENHANCE BENEFITS AND REPRESENTATION FOR NORTH CAROLINA 2
1515 FIREFIGHTERS AND RESCUE SQUAD WORKERS. 3
1616 The General Assembly of North Carolina enacts: 4
1717 5
1818 PART I. ENHANCE BENEFITS UNDER NORTH CAROLINA FIREFIGHTERS' AND 6
1919 RESCUE SQUAD WORKERS ' PENSION FUND AND MAKE TECHNICAL CHANGES 7
2020 TO THE RELATED STATUTES 8
2121 SECTION 1.(a) G.S. 58-86-55 reads as rewritten: 9
2222 "§ 58-86-55. Monthly pensions upon attaining the age of 55 years. 10
2323 (a) The monthly pension benefit under this section is one hundred eighty dollars 11
2424 ($180.00) and is payable per month from the Pension Fund unless otherwise provided. 12
2525 (a1) Any member who has served 20 years as an "eligible firefighter" or "eligible eligible 13
2626 firefighter or eligible rescue squad worker" worker in the State of North Carolina, as provided in 14
2727 G.S. 58-86-25 and G.S. 58-86-30, this Article, and who has attained the age of 55 years is entitled 15
2828 to be paid a monthly pension from this fund. The monthly pension shall be in the amount of one 16
2929 hundred seventy-five dollars ($175.00) per month. Any retired firefighter receiving a pension 17
3030 shall, effective January 1, 2025, receive a pension of one hundred seventy-five dollars ($175.00) 18
3131 per month.benefit under this section. 19
3232 (b) Members shall pay fifteen dollars ($15.00) per month as required by G.S. 58-86-35 20
3333 and G.S. 58-86-40 for a period of no longer than 20 years. No "eligible rescue squad member" 21
3434 shall receive a pension prior to July 1, 1983. 22
3535 (c) A member who is totally and permanently disabled while in the discharge of the 23
3636 member's official duties as a result of bodily injuries sustained or as a result of extreme exercise 24
3737 or extreme activity experienced in the course and scope of those official duties and who leaves 25
3838 the fire or rescue squad service because of this disability shall be entitled to be paid from the fund 26
3939 a monthly benefit in an amount of one hundred seventy-five dollars ($175.00) per month a 27
4040 monthly pension benefit under this section beginning the first month after the member's fifty-fifth 28
4141 birthday. All applications for disability are subject to the approval of the board who Board, and 29
4242 the Board may appoint physicians to examine and evaluate the disabled member prior to approval 30
4343 of the application, and annually thereafter. Any G.S. 58-86-41 shall not apply to a disabled 31
4444 member shall not be required to make the monthly payment of fifteen dollars ($15.00) as required 32
4545 by G.S. 58-86-35 and G.S. 58-86-40.member. 33
4646 (d) A member who is totally and permanently disabled for any cause, cause other than 34
47-line of duty, those under subsection (c) of this section and who leaves the fire or rescue squad 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 37-First Edition
49-service because of this disability and who has at least 10 years of service with the pension fund, 1
50-Pension Fund may be permitted to continue making a monthly contribution of fifteen dollars 2
51-($15.00) in the amount required under G.S. 58-86-41 to the fund until the member has made 3
52-contributions for a total of 240 months. The Upon attaining the age of 55, that member shall upon 4
53-attaining the age of 55 years be entitled to receive a monthly pension as provided by benefit under 5
54-this section. All applications for disability are subject to the approval of the board who Board, 6
55-and the Board may appoint physicians to examine and evaluate the disabled member prior to 7
56-approval of the application application, and annually thereafter. 8
57-(d1) Benefits payable from the Pension Fund shall be paid in the following manner when 9
58-a member is killed in the line of duty and the requirements of Article 12A of Chapter 143 of the 10
59-General Statutes are met: 11
60-(1) If the member had been receiving a monthly pension fund benefit under this 12
61-section prior to being killed in the line of duty, then there shall be paid to the 13
62-member's principal beneficiary, if only one principal beneficiary is eligible 14
63-and has not accepted a return of contributions, an amount of one hundred 15
64-seventy-five dollars ($175.00) per month the monthly pension benefit amount 16
65-beginning the month following the member's month of death, payable until 17
66-the beneficiary's death. If the member became a member prior to July 1, 2018, 18
67-and had not designated a principal beneficiary prior to being killed in the line 19
68-of duty, there shall be paid to the member's living spouse upon the spouse's 20
69-application to the Board, an amount of one hundred seventy-five dollars 21
70-($175.00) per month the monthly pension benefit amount beginning the month 22
71-following the member's month of death, payable until the spouse's death. 23
72-(2) If the member had been receiving a monthly pension fund benefit under this 24
73-section prior to being killed in the line of duty and the beneficiary is not 25
74-payable as described in subdivision (1) of this subsection, then a lump sum 26
75-payment equal to the difference between the amount paid into the member's 27
76-separate account by or on behalf of the member and the amount received by 28
77-the member as a pensioner will shall be paid to the eligible beneficiaries, or if 29
78-there are no eligible beneficiaries, shall be paid to the member's estate. 30
79-(3) If the member had not yet begun receiving a monthly pension benefit under 31
80-this section prior to being killed in the line of duty, then there shall be paid to 32
81-the member's principal beneficiary, if only one principal beneficiary is eligible 33
82-and has not accepted a return of contributions, an amount of one hundred 34
83-seventy-five dollars ($175.00) per month the monthly pension benefit amount 35
84-beginning the month following the month the member would have attained 36
85-age 55, or if the member had already attained age 55, beginning the month 37
86-following the member's month of death, payable until the beneficiary's death. 38
87-If the member became a member prior to July 1, 2018, and had not designated 39
88-a principal beneficiary prior to being killed in the line of duty, then there shall 40
89-be paid to the member's living spouse upon the spouse's application to the 41
90-Board, an amount of one hundred seventy-five dollars ($175.00) per month 42
91-the monthly pension benefit amount beginning the month following the month 43
92-the member would have attained age 55, or if the member had attained age 55, 44
93-beginning the month following the member's month of death, payable until 45
94-the spouse's death. 46
95-(4) If the member had not yet begun receiving a monthly pension benefit under 47
96-this section prior to being killed in the line of duty and the beneficiary is not 48
97-payable as described in subdivision (3) of this subsection, then a lump sum 49
98-payment equal to the member's contributions will be paid to the eligible 50 General Assembly Of North Carolina Session 2025
99-House Bill 37-First Edition Page 3
100-beneficiaries, or if there are no eligible beneficiaries, a return of the 1
101-contributions shall be paid to the member's estate. 2
102-A beneficiary under this subsection shall not be required to make the monthly payment of 3
103-fifteen dollars ($15.00) as required by G.S. 58-86-35 and G.S. 58-86-40 G.S. 58-86-41 shall not 4
104-apply after the a member has been killed in the line of duty. 5
105-(e) A member who, because the If a member has at least 10 years of service with the 6
106-Pension Fund and that member's (i) residence is annexed by a city under Part 2 or Part 3 of Article 7
107-4A of Chapter 160A of the General Statutes, or whose (ii) department is closed because of an 8
108-annexation by a city under Part 2 or Part 3 of Article 4A of Chapter 160A of the General Statutes, 9
109-or whose (iii) volunteer department is taken over by a city or county, and because of such the 10
110-annexation or takeover the member is unable to perform as a firefighter or rescue squad worker 11
111-of any status, and if the member has at least 10 years of service with the pension fund, may then 12
112-the member shall be permitted to continue making a monthly contribution of fifteen dollars 13
113-($15.00) in the amount required under G.S. 58-86-41 to the fund until the member has made 14
114-contributions for a total of 240 months. The Upon completion of the total 240 months of 15
115-contributions, and upon a member upon attaining the age of 55 years and completion of such 16
116-contributions age 55, the member shall be entitled to receive a monthly pension as provided by 17
117-benefit under this section. Any application to make monthly contributions under this section shall 18
118-be subject to a finding of eligibility by the Board of Trustees upon application of the member. 19
119-(f) The pensions benefits provided under this Article shall be in addition to all other 20
120-pensions or benefits under any other statutes of the State of North Carolina or the United States, 21
121-notwithstanding any exclusionary provisions of other pensions or retirement systems provided 22
122-by law." 23
123-SECTION 1.(b) Article 86 of Chapter 58 of the General Statutes is amended by 24
124-adding a new section to read: 25
125-"§ 58-86-41. Amount due for membership; payments credited to separate member 26
126-accounts. 27
127-(a) Unless otherwise provided under this Article, each member of the Pension Fund shall 28
128-pay the sum of fifteen dollars ($15.00) per month to the Pension Fund for membership in the 29
129-fund for a period not to exceed 20 years. 30
130-(b) Unless otherwise provided under this Article, all payments due in any calendar year 31
131-shall be made no later than March 31 subsequent to the end of the calendar year in which the 32
132-payment was due. 33
133-(c) The Pension Fund shall not award fully credited service based on payments received 34
134-later than March 31 subsequent to the end of the calendar year in which the month occurred 35
135-unless the payment is applied as provided in G.S. 58-86-45(a1). 36
136-(d) Payments made in accordance with this section shall be credited to the separate 37
137-account of the member and shall be kept by the custodian in a manner that allows the payments 38
138-to be made available upon a member's withdrawal from membership or retirement." 39
139-SECTION 1.(c) G.S. 58-86-35 reads as rewritten: 40
140-"§ 58-86-35. Firefighters' application for membership in fund; monthly payments by 41
141-members; payments credited to separate accounts of members; Pension Fund; 42
142-termination of membership. 43
143-(a) Those firefighters Firefighters who are eligible for membership in the Pension Fund 44
144-pursuant to G.S. 58-86-25 may apply to the board Board for membership. Each firefighter upon 45
145-becoming a member of the fund shall pay the director of the fund the sum of fifteen dollars 46
146-($15.00) per month; each payment shall be made no later than March 31 subsequent to the end 47
147-of the calendar year in which the month occurred. The Pension Fund shall not award fully 48
148-credited service based on payments received later than March 31 subsequent to the end of the 49
149-calendar year in which the month occurred unless the payment is applied as provided in 50
150-G.S. 58-86-45(a1). The monthly payments shall be credited to the separate account of the 51 General Assembly Of North Carolina Session 2025
151-Page 4 House Bill 37-First Edition
152-member and shall be kept by the custodian so it is available for payment on withdrawal from 1
153-membership or retirement. 2
154-(b) A member may elect to terminate membership in the fund Pension Fund at any time 3
155-and request the refund of payments previously made to the fund. However, a A member's 4
156-delinquency in making the monthly payments required by this section Article does not result in 5
157-the termination of membership without such an election to terminate membership in the Pension 6
158-Fund made by the member." 7
159-SECTION 1.(d) G.S. 58-86-40 reads as rewritten: 8
160-"§ 58-86-40. Rescue squad worker's application for membership in funds; monthly 9
161-payments by members; payments credited to separate accounts of members; 10
162-Pension Fund; termination of membership. 11
163-(a) Those rescue Rescue squad workers eligible for membership in the Pension Fund 12
164-pursuant to G.S. 58-86-30 may apply to the board Board for membership. Those rescue squad 13
165-workers eligible pursuant to G.S. 58-86-30 may apply to the board for membership. Each eligible 14
166-rescue squad worker upon becoming a member shall pay the director of the fund the sum of 15
167-fifteen dollars ($15.00) per month; each payment shall be made no later than March 31 16
168-subsequent to the end of the calendar year in which the month occurred. The Pension Fund shall 17
169-not award fully credited service based on payments received later than March 31 subsequent to 18
170-the end of the calendar year in which the month occurred unless the payment is applied as 19
171-provided in G.S. 58-86-45(a1). The monthly payments shall be credited to the separate account 20
172-of the member and shall be kept by the custodian so it is available for payment on withdrawal 21
173-from membership or retirement. 22
174-(b) A member may elect to terminate membership in the fund Pension Fund at any time 23
175-and request the refund of payments previously made to the fund. However, a A member's 24
176-delinquency in making the monthly payments required by this section Article does not result in 25
177-the termination of membership without such an election to terminate membership in the Pension 26
178-Fund made by the member." 27
179-SECTION 1.(e) G.S. 58-86-45 reads as rewritten: 28
180-"§ 58-86-45. Additional retroactive membership. 29
181-(a1) Any firefighter or rescue squad worker who is 35 years of age or older and who is a 30
182-current or former member of a fire department or rescue squad chartered by the State of North 31
183-Carolina may purchase credit for any periods of service to any chartered fire department or rescue 32
184-squad not otherwise creditable by making a lump sum payment to the Annuity Savings Fund 33
185-equal to the full liability of the service credits calculated on the basis of the assumptions used for 34
186-purposes of the actuarial valuation of the system's liabilities, which payment shall take into 35
187-account the retirement allowance arising on account of the additional service credit commencing 36
188-at the earliest age at which the member could retire on a retirement allowance, as determined by 37
189-the board of trustees upon the advice of the consulting actuary, plus an administrative fee to be 38
190-set by the board of trustees. This provision for the payment of a lump sum for service "not 39
191-otherwise creditable" shall apply, inter alia, to all purchases of service credits for months as to 40
192-which timely payments were not previously made pursuant to G.S. 58-86-35 or G.S. 58-86-40, 41
193-whichever is applicable.in accordance with G.S. 58-86-41. 42
194-(b) An eligible firefighter or rescue squad worker who is not yet 35 years old may apply 43
195-to the Board for membership in the fund Pension Fund at any time. Upon becoming a member, 44
196-the worker may make a lump sum payment of fifteen dollars ($15.00) per month in the amount 45
197-required under G.S. 58-86-41 at the time of the payment for each month retroactively to the time 46
198-the worker first became eligible to become a member, plus interest at an annual rate to be set by 47
199-the board Board upon advice from actuary for each year of retroactive payments. Upon making 48
200-this lump sum payment, the worker shall be given credit for all prior service in the same manner 49
201-as if the worker had applied for membership upon first becoming eligible. 50 General Assembly Of North Carolina Session 2025
202-House Bill 37-First Edition Page 5
203-(c) A member of the Pension Fund who is not yet 35 years old may receive credit for the 1
204-prior service upon making a lump sum payment of fifteen dollars ($15.00) in the amount required 2
205-under G.S. 58-86-41 at the time of the payment for each month since the worker first became 3
206-eligible, plus interest at an annual rate to be set by the Board for each year of retroactive 4
207-payments. Upon making this lump sum payment, the date of membership shall be the same as if 5
208-the worker had applied for membership upon first becoming eligible. This provision for the 6
209-payment of a lump sum for service "not otherwise creditable" shall apply, inter alia, to all 7
210-purchases of service credits for months as to which timely payments were not previously made 8
211-pursuant to G.S. 58-86-35 or G.S. 58-86-40, whichever is applicable, for any firefighter or rescue 9
212-squad worker who is not yet 35 years of age or older and who is a current or former member of 10
213-a fire department or rescue squad chartered by the State of North Carolina." 11
214-SECTION 1.(f) The Revisor of Statutes shall replace the phrase "G.S. 58-86-35 or 12
215-G.S. 58-86-40" with the phrase "G.S. 58-86-41" in each instance it appears in G.S. 58-86-2. 13
216-SECTION 1.(g) This section applies to pension benefit amounts payable from the 14
217-Pension Fund due to a member or beneficiary on or after January 1, 2026. If a member or 15
218-beneficiary becomes eligible to receive a pension benefit from the Pension Fund on or before 16
219-December 31, 2025, but the pension benefit amount is paid from the Pension Fund on or after 17
220-January 1, 2026, then the pension benefit amount due to the member or beneficiary shall be the 18
221-amount applicable to the pension benefit amount that was effective for each respective month to 19
222-which the benefit applies. 20
223-SECTION 1.(h) This section is effective January 1, 2026. 21
224- 22
225-PART II. ADD REPRESE NTATION FROM THE NOR TH CAROLINA STATE 23
226-FIREFIGHTERS' ASSOCI ATION TO THE NORTH C AROLINA EMERGENCY 24
227-MEDICAL SERVICES ADV ISORY COUNCIL 25
228-SECTION 2.(a) G.S. 143-510 reads as rewritten: 26
229-"§ 143-510. North Carolina Emergency Medical Services Advisory Council. 27
230-(a) There is created the North Carolina Emergency Medical Services Advisory Council 28
231-to consult with the Secretary of the Department of Health and Human Services in the 29
232-administration of this Article. 30
233-The North Carolina Emergency Medical Services Advisory Council shall consist of 25 31
234-members.members appointed as follows: 32
235-(1) Twenty-one of the members shall be appointed by the Secretary of the 33
236-Department of Health and Human Services as follows: 34
237-a. Three of the members shall represent the North Carolina Medical 35
238-Society and include one licensed pediatrician, one surgeon, and one 36
239-public health physician. 37
240-b. Three members shall represent the North Carolina College of 38
241-Emergency Physicians, two of whom shall be current local EMS 39
242-Medical Directors. 40
243-c. One member shall represent the North Carolina Chapter of the 41
244-American College of Surgeons Committee on Trauma. 42
245-d. One member shall represent the North Carolina Association of Rescue 43
246-and Emergency Medical Services. 44
247-e. One member shall represent the North Carolina Association of EMS 45
248-Administrators. 46
249-f. One member shall represent the North Carolina Hospital Association. 47
250-g. One member shall represent the North Carolina Nurses Association. 48
251-h. One member shall represent the North Carolina Association of County 49
252-Commissioners. 50
253-i. One member shall represent the North Carolina Medical Board. 51 General Assembly Of North Carolina Session 2025
254-Page 6 House Bill 37-First Edition
255-j. One member shall represent the American Heart Association, North 1
256-Carolina Council. 2
257-k. One member shall represent the American Red Cross. 3
258-k1. One member shall represent the North Carolina State Firefighters' 4
259-Association. 5
260-l. The remaining six five members shall be appointed so as to fairly 6
261-represent the general public, credentialed and practicing EMS 7
262-personnel, EMS educators, local public health officials, and other 8
263-EMS interest groups in North Carolina. 9
264-(2) Two members shall be appointed by the General Assembly upon the 10
265-recommendation of the Speaker of the House of Representatives. 11
266-(3) Two members shall be appointed by the General Assembly upon the 12
267-recommendation of the President Pro Tempore of the Senate. 13
268-The membership of the Council shall, to the extent possible, reflect the gender and racial 14
269-makeup of the population of the State. 15
270-(b) The members of the Council appointed pursuant to subsection (a) of this section shall 16
271-serve initial terms as follows: 17
272-(1) The members appointed by the Secretary of the Department of Health and 18
273-Human Services shall serve initial terms as follows: 19
274-a. Five members shall serve initial terms of one year;year. 20
275-b. Five members shall serve initial terms of two years;years. 21
276-c. Five members shall serve initial terms of three years; andyears. 22
277-d. Six members shall serve initial terms of four years. 23
278-(2) The members appointed by the General Assembly upon the recommendation 24
279-of the President Pro Tempore of the Senate shall serve initial terms as follows: 25
280-a. One member shall serve an initial term of two years; andyears. 26
281-b. One member shall serve an initial term of four years. 27
282-(3) The members appointed by the General Assembly upon the recommendation 28
283-of the Speaker of the House of the Representatives shall serve initial terms as 29
284-follows: 30
285-a. One member shall serve an initial term of two years; andyears. 31
286-b. One member shall serve an initial term of four years. Thereafter, all 32
287-terms shall be four years. 33
288-…." 34
289-SECTION 2.(b) To minimize the impact of this section on the work of the North 35
290-Carolina Emergency Medical Services Advisory Council, the Secretary of Health and Human 36
291-Services shall not appoint a successor to the member of the Council appointed under 37
292-G.S. 143-510(a)(1)l. whose term expires on December 31, 2025. Instead, the Secretary of Health 38
293-and Human Services shall appoint one representative of the North Carolina State Firefighters' 39
294-Association to the Council in accordance with G.S. 143-510(a)(1)k1., as enacted by this section, 40
295-to succeed the member of the Council appointed under G.S. 143-510(a)(1)l. whose term expires 41
296-on December 31, 2025. 42
297- 43
298-PART III. EFFECTIVE DATE 44
299-SECTION 3. Except as otherwise provided, this act is effective when it becomes 45
300-law. 46
47+line of duty, those under subsection (c) of this section and who leaves the fire or rescue squad 35
48+service because of this disability and who has at least 10 years of service with the pension fund, 36
49+H.B. 37
50+Feb 3, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH40038-MRp-20
53+Pension Fund may be permitted to continue making a monthly contribution of fifteen dollars 1
54+($15.00) in the amount required under G.S. 58-86-41 to the fund until the member has made 2
55+contributions for a total of 240 months. The Upon attaining the age of 55, that member shall upon 3
56+attaining the age of 55 years be entitled to receive a monthly pension as provided by benefit under 4
57+this section. All applications for disability are subject to the approval of the board who Board, 5
58+and the Board may appoint physicians to examine and evaluate the disabled member prior to 6
59+approval of the application application, and annually thereafter. 7
60+(d1) Benefits payable from the Pension Fund shall be paid in the following manner when 8
61+a member is killed in the line of duty and the requirements of Article 12A of Chapter 143 of the 9
62+General Statutes are met: 10
63+(1) If the member had been receiving a monthly pension fund benefit under this 11
64+section prior to being killed in the line of duty, then there shall be paid to the 12
65+member's principal beneficiary, if only one principal beneficiary is eligible 13
66+and has not accepted a return of contributions, an amount of one hundred 14
67+seventy-five dollars ($175.00) per month the monthly pension benefit amount 15
68+beginning the month following the member's month of death, payable until 16
69+the beneficiary's death. If the member became a member prior to July 1, 2018, 17
70+and had not designated a principal beneficiary prior to being killed in the line 18
71+of duty, there shall be paid to the member's living spouse upon the spouse's 19
72+application to the Board, an amount of one hundred seventy-five dollars 20
73+($175.00) per month the monthly pension benefit amount beginning the month 21
74+following the member's month of death, payable until the spouse's death. 22
75+(2) If the member had been receiving a monthly pension fund benefit under this 23
76+section prior to being killed in the line of duty and the beneficiary is not 24
77+payable as described in subdivision (1) of this subsection, then a lump sum 25
78+payment equal to the difference between the amount paid into the member's 26
79+separate account by or on behalf of the member and the amount received by 27
80+the member as a pensioner will shall be paid to the eligible beneficiaries, or if 28
81+there are no eligible beneficiaries, shall be paid to the member's estate. 29
82+(3) If the member had not yet begun receiving a monthly pension benefit under 30
83+this section prior to being killed in the line of duty, then there shall be paid to 31
84+the member's principal beneficiary, if only one principal beneficiary is eligible 32
85+and has not accepted a return of contributions, an amount of one hundred 33
86+seventy-five dollars ($175.00) per month the monthly pension benefit amount 34
87+beginning the month following the month the member would have attained 35
88+age 55, or if the member had already attained age 55, beginning the month 36
89+following the member's month of death, payable until the beneficiary's death. 37
90+If the member became a member prior to July 1, 2018, and had not designated 38
91+a principal beneficiary prior to being killed in the line of duty, then there shall 39
92+be paid to the member's living spouse upon the spouse's application to the 40
93+Board, an amount of one hundred seventy-five dollars ($175.00) per month 41
94+the monthly pension benefit amount beginning the month following the month 42
95+the member would have attained age 55, or if the member had attained age 55, 43
96+beginning the month following the member's month of death, payable until 44
97+the spouse's death. 45
98+(4) If the member had not yet begun receiving a monthly pension benefit under 46
99+this section prior to being killed in the line of duty and the beneficiary is not 47
100+payable as described in subdivision (3) of this subsection, then a lump sum 48
101+payment equal to the member's contributions will be paid to the eligible 49
102+beneficiaries, or if there are no eligible beneficiaries, a return of the 50
103+contributions shall be paid to the member's estate. 51 General Assembly Of North Carolina Session 2025
104+DRH40038-MRp-20 Page 3
105+A beneficiary under this subsection shall not be required to make the monthly payment of 1
106+fifteen dollars ($15.00) as required by G.S. 58-86-35 and G.S. 58-86-40 G.S. 58-86-41 shall not 2
107+apply after the a member has been killed in the line of duty. 3
108+(e) A member who, because the If a member has at least 10 years of service with the 4
109+Pension Fund and that member's (i) residence is annexed by a city under Part 2 or Part 3 of Article 5
110+4A of Chapter 160A of the General Statutes, or whose (ii) department is closed because of an 6
111+annexation by a city under Part 2 or Part 3 of Article 4A of Chapter 160A of the General Statutes, 7
112+or whose (iii) volunteer department is taken over by a city or county, and because of such the 8
113+annexation or takeover the member is unable to perform as a firefighter or rescue squad worker 9
114+of any status, and if the member has at least 10 years of service with the pension fund, may then 10
115+the member shall be permitted to continue making a monthly contribution of fifteen dollars 11
116+($15.00) in the amount required under G.S. 58-86-41 to the fund until the member has made 12
117+contributions for a total of 240 months. The Upon completion of the total 240 months of 13
118+contributions, and upon a member upon attaining the age of 55 years and completion of such 14
119+contributions age 55, the member shall be entitled to receive a monthly pension as provided by 15
120+benefit under this section. Any application to make monthly contributions under this section shall 16
121+be subject to a finding of eligibility by the Board of Trustees upon application of the member. 17
122+(f) The pensions benefits provided under this Article shall be in addition to all other 18
123+pensions or benefits under any other statutes of the State of North Carolina or the United States, 19
124+notwithstanding any exclusionary provisions of other pensions or retirement systems provided 20
125+by law." 21
126+SECTION 1.(b) Article 86 of Chapter 58 of the General Statutes is amended by 22
127+adding a new section to read: 23
128+"§ 58-86-41. Amount due for membership; payments credited to separate member 24
129+accounts. 25
130+(a) Unless otherwise provided under this Article, each member of the Pension Fund shall 26
131+pay the sum of fifteen dollars ($15.00) per month to the Pension Fund for membership in the 27
132+fund for a period not to exceed 20 years. 28
133+(b) Unless otherwise provided under this Article, all payments due in any calendar year 29
134+shall be made no later than March 31 subsequent to the end of the calendar year in which the 30
135+payment was due. 31
136+(c) The Pension Fund shall not award fully credited service based on payments received 32
137+later than March 31 subsequent to the end of the calendar year in which the month occurred 33
138+unless the payment is applied as provided in G.S. 58-86-45(a1). 34
139+(d) Payments made in accordance with this section shall be credited to the separate 35
140+account of the member and shall be kept by the custodian in a manner that allows the payments 36
141+to be made available upon a member's withdrawal from membership or retirement." 37
142+SECTION 1.(c) G.S. 58-86-35 reads as rewritten: 38
143+"§ 58-86-35. Firefighters' application for membership in fund; monthly payments by 39
144+members; payments credited to separate accounts of members; Pension Fund; 40
145+termination of membership. 41
146+(a) Those firefighters Firefighters who are eligible for membership in the Pension Fund 42
147+pursuant to G.S. 58-86-25 may apply to the board Board for membership. Each firefighter upon 43
148+becoming a member of the fund shall pay the director of the fund the sum of fifteen dollars 44
149+($15.00) per month; each payment shall be made no later than March 31 subsequent to the end 45
150+of the calendar year in which the month occurred. The Pension Fund shall not award fully 46
151+credited service based on payments received later than March 31 subsequent to the end of the 47
152+calendar year in which the month occurred unless the payment is applied as provided in 48
153+G.S. 58-86-45(a1). The monthly payments shall be credited to the separate account of the 49
154+member and shall be kept by the custodian so it is available for payment on withdrawal from 50
155+membership or retirement. 51 General Assembly Of North Carolina Session 2025
156+Page 4 DRH40038-MRp-20
157+(b) A member may elect to terminate membership in the fund Pension Fund at any time 1
158+and request the refund of payments previously made to the fund. However, a A member's 2
159+delinquency in making the monthly payments required by this section Article does not result in 3
160+the termination of membership without such an election to terminate membership in the Pension 4
161+Fund made by the member." 5
162+SECTION 1.(d) G.S. 58-86-40 reads as rewritten: 6
163+"§ 58-86-40. Rescue squad worker's application for membership in funds; monthly 7
164+payments by members; payments credited to separate accounts of members; 8
165+Pension Fund; termination of membership. 9
166+(a) Those rescue Rescue squad workers eligible for membership in the Pension Fund 10
167+pursuant to G.S. 58-86-30 may apply to the board Board for membership. Those rescue squad 11
168+workers eligible pursuant to G.S. 58-86-30 may apply to the board for membership. Each eligible 12
169+rescue squad worker upon becoming a member shall pay the director of the fund the sum of 13
170+fifteen dollars ($15.00) per month; each payment shall be made no later than March 31 14
171+subsequent to the end of the calendar year in which the month occurred. The Pension Fund shall 15
172+not award fully credited service based on payments received later than March 31 subsequent to 16
173+the end of the calendar year in which the month occurred unless the payment is applied as 17
174+provided in G.S. 58-86-45(a1). The monthly payments shall be credited to the separate account 18
175+of the member and shall be kept by the custodian so it is available for payment on withdrawal 19
176+from membership or retirement. 20
177+(b) A member may elect to terminate membership in the fund Pension Fund at any time 21
178+and request the refund of payments previously made to the fund. However, a A member's 22
179+delinquency in making the monthly payments required by this section Article does not result in 23
180+the termination of membership without such an election to terminate membership in the Pension 24
181+Fund made by the member." 25
182+SECTION 1.(e) G.S. 58-86-45 reads as rewritten: 26
183+"§ 58-86-45. Additional retroactive membership. 27
184+(a1) Any firefighter or rescue squad worker who is 35 years of age or older and who is a 28
185+current or former member of a fire department or rescue squad chartered by the State of North 29
186+Carolina may purchase credit for any periods of service to any chartered fire department or rescue 30
187+squad not otherwise creditable by making a lump sum payment to the Annuity Savings Fund 31
188+equal to the full liability of the service credits calculated on the basis of the assumptions used for 32
189+purposes of the actuarial valuation of the system's liabilities, which payment shall take into 33
190+account the retirement allowance arising on account of the additional service credit commencing 34
191+at the earliest age at which the member could retire on a retirement allowance, as determined by 35
192+the board of trustees upon the advice of the consulting actuary, plus an administrative fee to be 36
193+set by the board of trustees. This provision for the payment of a lump sum for service "not 37
194+otherwise creditable" shall apply, inter alia, to all purchases of service credits for months as to 38
195+which timely payments were not previously made pursuant to G.S. 58-86-35 or G.S. 58-86-40, 39
196+whichever is applicable.in accordance with G.S. 58-86-41. 40
197+(b) An eligible firefighter or rescue squad worker who is not yet 35 years old may apply 41
198+to the Board for membership in the fund Pension Fund at any time. Upon becoming a member, 42
199+the worker may make a lump sum payment of fifteen dollars ($15.00) per month in the amount 43
200+required under G.S. 58-86-41 at the time of the payment for each month retroactively to the time 44
201+the worker first became eligible to become a member, plus interest at an annual rate to be set by 45
202+the board Board upon advice from actuary for each year of retroactive payments. Upon making 46
203+this lump sum payment, the worker shall be given credit for all prior service in the same manner 47
204+as if the worker had applied for membership upon first becoming eligible. 48
205+(c) A member of the Pension Fund who is not yet 35 years old may receive credit for the 49
206+prior service upon making a lump sum payment of fifteen dollars ($15.00) in the amount required 50
207+under G.S. 58-86-41 at the time of the payment for each month since the worker first became 51 General Assembly Of North Carolina Session 2025
208+DRH40038-MRp-20 Page 5
209+eligible, plus interest at an annual rate to be set by the Board for each year of retroactive 1
210+payments. Upon making this lump sum payment, the date of membership shall be the same as if 2
211+the worker had applied for membership upon first becoming eligible. This provision for the 3
212+payment of a lump sum for service "not otherwise creditable" shall apply, inter alia, to all 4
213+purchases of service credits for months as to which timely payments were not previously made 5
214+pursuant to G.S. 58-86-35 or G.S. 58-86-40, whichever is applicable, for any firefighter or rescue 6
215+squad worker who is not yet 35 years of age or older and who is a current or former member of 7
216+a fire department or rescue squad chartered by the State of North Carolina." 8
217+SECTION 1.(f) The Revisor of Statutes shall replace the phrase "G.S. 58-86-35 or 9
218+G.S. 58-86-40" with the phrase "G.S. 58-86-41" in each instance it appears in G.S. 58-86-2. 10
219+SECTION 1.(g) This section applies to pension benefit amounts payable from the 11
220+Pension Fund due to a member or beneficiary on or after January 1, 2026. If a member or 12
221+beneficiary becomes eligible to receive a pension benefit from the Pension Fund on or before 13
222+December 31, 2025, but the pension benefit amount is paid from the Pension Fund on or after 14
223+January 1, 2026, then the pension benefit amount due to the member or beneficiary shall be the 15
224+amount applicable to the pension benefit amount that was effective for each respective month to 16
225+which the benefit applies. 17
226+SECTION 1.(h) This section is effective January 1, 2026. 18
227+ 19
228+PART II. ADD REPRESENTATION FROM THE NORTH CAROLINA STATE 20
229+FIREFIGHTERS' ASSOCIATION TO THE NORTH CAROLINA EMERGENCY 21
230+MEDICAL SERVICES ADVISORY COUNCIL 22
231+SECTION 2.(a) G.S. 143-510 reads as rewritten: 23
232+"§ 143-510. North Carolina Emergency Medical Services Advisory Council. 24
233+(a) There is created the North Carolina Emergency Medical Services Advisory Council 25
234+to consult with the Secretary of the Department of Health and Human Services in the 26
235+administration of this Article. 27
236+The North Carolina Emergency Medical Services Advisory Council shall consist of 25 28
237+members.members appointed as follows: 29
238+(1) Twenty-one of the members shall be appointed by the Secretary of the 30
239+Department of Health and Human Services as follows: 31
240+a. Three of the members shall represent the North Carolina Medical 32
241+Society and include one licensed pediatrician, one surgeon, and one 33
242+public health physician. 34
243+b. Three members shall represent the North Carolina College of 35
244+Emergency Physicians, two of whom shall be current local EMS 36
245+Medical Directors. 37
246+c. One member shall represent the North Carolina Chapter of the 38
247+American College of Surgeons Committee on Trauma. 39
248+d. One member shall represent the North Carolina Association of Rescue 40
249+and Emergency Medical Services. 41
250+e. One member shall represent the North Carolina Association of EMS 42
251+Administrators. 43
252+f. One member shall represent the North Carolina Hospital Association. 44
253+g. One member shall represent the North Carolina Nurses Association. 45
254+h. One member shall represent the North Carolina Association of County 46
255+Commissioners. 47
256+i. One member shall represent the North Carolina Medical Board. 48
257+j. One member shall represent the American Heart Association, North 49
258+Carolina Council. 50
259+k. One member shall represent the American Red Cross. 51 General Assembly Of North Carolina Session 2025
260+Page 6 DRH40038-MRp-20
261+k1. One member shall represent the North Carolina State Firefighters' 1
262+Association. 2
263+l. The remaining six five members shall be appointed so as to fairly 3
264+represent the general public, credentialed and practicing EMS 4
265+personnel, EMS educators, local public health officials, and other 5
266+EMS interest groups in North Carolina. 6
267+(2) Two members shall be appointed by the General Assembly upon the 7
268+recommendation of the Speaker of the House of Representatives. 8
269+(3) Two members shall be appointed by the General Assembly upon the 9
270+recommendation of the President Pro Tempore of the Senate. 10
271+The membership of the Council shall, to the extent possible, reflect the gender and racial 11
272+makeup of the population of the State. 12
273+(b) The members of the Council appointed pursuant to subsection (a) of this section shall 13
274+serve initial terms as follows: 14
275+(1) The members appointed by the Secretary of the Department of Health and 15
276+Human Services shall serve initial terms as follows: 16
277+a. Five members shall serve initial terms of one year;year. 17
278+b. Five members shall serve initial terms of two years;years. 18
279+c. Five members shall serve initial terms of three years; andyears. 19
280+d. Six members shall serve initial terms of four years. 20
281+(2) The members appointed by the General Assembly upon the recommendation 21
282+of the President Pro Tempore of the Senate shall serve initial terms as follows: 22
283+a. One member shall serve an initial term of two years; andyears. 23
284+b. One member shall serve an initial term of four years. 24
285+(3) The members appointed by the General Assembly upon the recommendation 25
286+of the Speaker of the House of the Representatives shall serve initial terms as 26
287+follows: 27
288+a. One member shall serve an initial term of two years; andyears. 28
289+b. One member shall serve an initial term of four years. Thereafter, all 29
290+terms shall be four years. 30
291+…." 31
292+SECTION 2.(b) To minimize the impact of this section on the work of the North 32
293+Carolina Emergency Medical Services Advisory Council, the Secretary of Health and Human 33
294+Services shall not appoint a successor to the member of the Council appointed under 34
295+G.S. 143-510(a)(1)l. whose term expires on December 31, 2025. Instead, the Secretary of Health 35
296+and Human Services shall appoint one representative of the North Carolina State Firefighters' 36
297+Association to the Council in accordance with G.S. 143-510(a)(1)k1., as enacted by this section, 37
298+to succeed the member of the Council appointed under G.S. 143-510(a)(1)l. whose term expires 38
299+on December 31, 2025. 39
300+ 40
301+PART III. EFFECTIVE DATE 41
302+SECTION 3. Except as otherwise provided, this act is effective when it becomes 42
303+law. 43